New South Wales

Anti-Discrimination Bill 1999

No , 1999

A Bill for

An Act:

(a) to promote equality of opportunity for all people in identified areas of activity, and

(b) to protect the human rights and fundamental freedoms of all people against conduct that would infringe those rights and freedoms in ways proscribed by international instruments to which Australia is party, including the International Covenant on Civil and Political Rights, the International Convention on the Elimination of all Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women, the Discrimination, Employment and Occupation Convention 1958, the Declaration of the Rights of the Child, the Declaration on the Rights of Mentally Retarded Persons and the Declaration on the Rights of Disabled Persons, and

(c) to provide for equality of treatment which recognises special needs and relevant differences between peoples, and

(d) to prohibit sexual harassment, certain forms of vilification and victimisation of those who seek to enforce their rights under this Act, and

(e) to provide civil consequences and, in some circumstances, penalties for those who contravene the provisions of this Act, and

(f) to repeal and replace the Anti-Discrimination Act 1977.

See also: Crimes Amendment (Serious Vilification) Bill 1999

The Legislature of New South Wales enacts:

Chapter 1 Preliminary

1 Name of Act

This Act is the Anti-Discrimination Act 1999.

(1) This Act commences on the date of assent, except as provided by this section.

(2) Chapters 2–10 commence on a day or days to be appointed by proclamation.

The objects of this Act are as follows:

(a) to promote recognition and acceptance of the rights of equal treatment and equality of opportunity for all people,

(b) to eliminate, as far as possible, discrimination based on irrelevant characteristics in areas of, or affecting, the public sphere of social activity,

(c) to eliminate, as far as possible, sexual harassment and certain forms of vilification,

(d) to provide that equal treatment includes the recognition of relevant differences between people and excludes irrelevant differences,

(e) to permit and promote activities which recognise relevant disadvantage and which provide special measures for those who require such measures to enjoy equality of opportunity,

(f) to provide redress for people who have been subjected to unlawful discrimination, sexually harassed, victimised or vilified on proscribed grounds.

Words and expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary.

Note. The Dictionary is to be found at the end of the Act, before Schedule 1.

Notes and examples in this Act do not form part of this Act.

This Act binds the Crown in right of New South Wales and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.